Pekofsky v. Estate of Cohen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding to fix attorney’s fees, the appeal is from an order of the Surrogate’s Court, Rockland County (Weiner, S.), dated August 22, 1997, which, after a hearing, fixed the attorney’s fee of the attorney for the estate in an amount less than requested.
Ordered that the order is affirmed, with costs payable by the appellant personally.
It is well settled that the Surrogate bears the ultimate responsibility of deciding what constitutes a reasonable attorney’s fee regardless of the existence of a retainer agreement (see, Matter of Stern, 227 AD2d 636; Matter of Nicastro, 186 AD2d 805;…
2Cases cited8 opinions
- In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
- In re the Estate of VerplanckAppellate Division of the Supreme Court of the State of New York · 1989
- In re the Estate of BobeckAppellate Division of the Supreme Court of the State of New York · 1993
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1992
- In re the Estate of McCannAppellate Division of the Supreme Court of the State of New York · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In re the Estate of PiterniakAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of DriscollAppellate Division of the Supreme Court of the State of New York · 2000
- In re the Estate of DrossosAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Estate of SzkambaraAppellate Division of the Supreme Court of the State of New York · 2008
- In re the Estate of TendlerAppellate Division of the Supreme Court of the State of New York · 2004
9 more not listed; retrieve them via the Exa API.